who says you can't take it with you. "fox & friends" starts now. >> howdy, folks. live from studio e in the heart of midtown manhattan, welcome to another -- oh, no. another phone call. it's bret favre. i'm going to let it go to voice mail. >> it's usually more entertaining with him. >> i thought that was all about an image. not necessarily a phone call. >> that, too. >> yeah, it was both, believe it or not, gretchen. there was voice mail and there were pictures. >> if you're a fan of bret favre, wait. bad news today. if it's true. >> ok. let's get to the other headlines for the day because 9.7%, experts predicting that's where the unemployment rate is head today. official number at 8:30 eastern. we'll bring it to you immediately when we get it. how could this affect the midterm elections? joining us live from washington, d.c., molly heneberg. >> these numbers coming out today are the unemployment

numbers for september. it's the last set of jobs numbers before the midterm elections and economists are predicting that unemployment rate will rise a 10th of a point to 9.7%. they also estimate that while the private sector likely created around 75,000 jobs in september, they -- those jobs will be offset by the layoffs by the federal government of temporary census workers. so the net numbers today may show no new jobs created last month. that puts the democrats and lawmakers in a tough position with unemployment hovering around 10% and voters very concerned about the economy. gretchen, back to you>> all right, molly, thank you very much for the live report from our nation's capital. all right, the president of the united states knows that there's a big midterm election coming up a couple of weeks from now. what's he doing? what he did is we want on the radio show, syndicated in about

70 different markets coast to coast and essentially he was calling the calgary. hey, you have to show up on election day. listen to this. >> here's the challenge we've got. the republicans are fired up. they're mobilized. they see an opportunity to take back the house, maybe take back the senate. that means we're going to have just hand-to-hand combat up here on capitol hill. >> hand-to-hand combat on capitol hill and lyrics under the president. >> i think it was boston. >> i don't know what it was. >> i'm not sure. what kind of format that. is>> obviously the president doing everything he can to get his base as energized as many believe the republicans are to come out and vote in november. let's see the seats needed. they would need 39 seats in the house and 10 seats in the senate for a total of 49 to actually have full control in both house and senate. >> now, contrast that with the president. he wants to get the vote out and he supposedly is targeting his

markets. he wants young people and he also wants the african-american community to be motivated and he also talked about he wants everybody in barber shops and beauty shops to understand this is a new election. >> what if you're bald. >> that's a great point for e s those of you who shine their heads and you as well. he's let it be know it's going to be a battle. contrast that to "the new york times" story today, republicans weighing in to the good, old days. history of president clinton. first two years were one thing but after that, they kind of liked dealing with him from orrin hatch to trent lott. they talked about being able to go and cut deals and not being so ideologically driven with president clinton. if you were hoping that would happen if the republicans do what they say they're going to do, doesn't look like this president is going to be that president like that president at all. >> we'll have to wait and see. otherwise, maybe nothing else will get done. one of his main campaign

advisors during 2008. he's now back at the white house and now he's saying anything short of a sweep for republicans would be a colossal failure for republicans because he says this. when you have wins this strong in your favor, that's the kind of election you need to have or it should be considered a colossal failure. he's talking about because of the economics america is facing right now that the republicans should be able to sweep because the economy is so bad. >> i think what he's trying to do is dampen expectations because we've heard. remember about a week ago, suddenly we heard the polls are showing that the democrats are creeping up. so a little bit by a little bit although now the pollsters are saying, what were we talking about last week? looks like it's going to be a big sweep particularly in the house for the republicans. but mr. plouffe has a lot on the line. this strategy they're employing right now is his idea, they use

a 2008 model, people who haven't voted in the past, if they do that, we're set. because of the motivation on the other side, because of high taxes, the other side will show up on election day. >> let's do a couple of quick headlines before we chat about a few more topics. we begin with the police on high alert today increasing their presence on commuter trains and subways across the nation. a surge of officers complete with automatic weapons will be visible today. it's part of an anti-terror initiative called operation rail safe. today's surge is not linked to recent threats of a terrorist attack on americans traveling in europe. while you were sleeping, an american blasted off to the international space station on a russian rocket. two russian astronauts also on board. the crew got a sendoff from a familiar face, former russian spy anna chapman. she hasn't made many public appearances since being deported from the u.s. last july. that toxic red sludge flowing through the streets of hungary is about the same size as the gulf oil spill. that new estimate just released

by the government there. there is some good news, though. the sludge on the surface of the water of the danube river now contained but hungary's environmental minister still concerned. >> we can blow away and that's heavy metal contamination side and that will cause damage to my lungs, cancer causing heavy metal. >> winds could carry contamination, though, into croatia and serbia. again, while you were sleeping, the nobel peace prize was awarded to chinese human rights activist, he's serving an 11 year prison sentence for subversion. it will likely anger the chinese government that warned the nobel committee not to give him the peace prize. and those are your headlines. >> the stimulus costs about $390 billion. and growing. >> brian, that was money well spent. >> as long as you get the money in the system, it's a legitimate

system and prime the pump and we're going to be better off. it hasn't happened. maybe we're starting to get some clues as to why it hasn't happened. we're starting to follow the money and follow it right to the grave in some cases. there has not been the proper follow-up and follow through. therefore, some dead people got some big money. >> yeah, according to "the washington post" this morning, the federal government has sent out 89,000 stimulus checks in the amount of $250 a piece. 89,000 to dead people and also to people who are in jail or incarcerated. it breaks down 71,000 dead. 17,000 inmates. hey, now, wait a minute. wait a minute. chicago is where dead people vote. now, dead people get money as well. and, of course, president obama from chicago made sure that there was a new sheriff keeping an eye on the stimulus. that man's name is sheriff joe biden. >> that's why i'm announcing today that i'm asking my vice president joe biden to oversee

our administration's implementation efforts and the fact that i'm asking my vice president to personally lead this effort shows how important it is for our country and our future to get this right. >> in total 52 million social security recipients received these $250 checks and you had the prisoners also, i believe they had $4.3 million that went to prison inmates. here's the catch, guys. >> life in prison? >> you know, they have a confessionary. they can go buy some potato chips, i think. >> that's true. >> here's the thing, half that money was actually returned so there are some honest people out there. maybe even some of the prisoners who said i don't need this cash. i'm not rightfully supposed to get these $250 checks. half returned. >> tom coburn, republican from oklahoma looked at this and said hey, these findings are yet another example of congressional stupidity. any argument? >> right. so far, no. vice president biden has been very busy of late.

he's had 18 -- he's campaigned for 18 candidates in 23 cities in 16 separate states. his latest stop, by the way, was in wisconsin. madison, wisconsin, where the president was last week trying to gin up the crowd and win over the independents. >> how did he do? >> i don't know how he did. if you're judging by crowd noise, not so well. in fact, what i would like to do, if you have the time. >> sure. >> and if you have the energy, i would like to re-create the magic of madison. >> ok. >> in what way? we all can suddenly be young people again? >> funny you bring that up. i was not asked to help 18 candidates in 23 cities in 16 states but i'd like to relive the magic that happened yesterday. can i play the vice president? >> who would we be, then? >> you would be the audience. >> ok. >> you can do that. >> this is going to be verbatim. let's relive. less than 12 hours ago, here we go. i'm joe biden. we want to reward people who manufacture things in wisconsin, not to take them overseas to

china and other countries. you're the dullest audience i've ever spoken to. we have another bidenism. he gets no reaction and then insults the crowd. you're the dullest audience ever. something about the word manufacturing, it doesn't get the crowd. >> yeah, but when you don't have a lot to laugh about when you're in charge of this country right now, you send out joe biden because at least people laugh about him and a bunch of articles coming out about how he is the president's best weapon, that's what i've been saying on this couch for a long time. people like joe biden. ok? he's going to a lot of visits that the president doesn't dare to show up in, that's where joe biden is going. that's the best thing president obama has going on right now. >> you can count on him to stick his foot in his mouth and let the boss look good. if they want someone great in administration, they should send michelle obama out.

she's number one. this is a fox news irony alert. american postal workers union apparently they're going to have to delay the final, let's see, the election -- well, see, they're -- they can't certify it for another couple of weeks because this postal union lost thousands of ballots in the mail. >> they were mailed out september 13th to 15th and supposed to be returned your union ballot by tuesday, october 5th but the problem is a lot of people who were supposed to vote never got their ballot in the mail from the exact organization that they're voting on. confused yet? anyway -- >> that's why they should always send it u.p.s. if you want it to get there, it's a little more costly. >> we should point out, this is not the union that actually delivers the mail. that's the national association of letter carriers. however, i understand this is the same union that is in charge of making sure that our military service personnel get their

military ballots returned to the united states. so if they can't even do their own union ballots how many military ballots go missing year in and year out. just something to chew on on this friday morning. >> look at this. this is a big show. i have in here the secrets -- >> are you going to play joe biden anymore today? >> i'm not really sure. i'm thinking about other characters i can play throughout the political world. your governor in the news. i'm talking about new jersey's governor chris christie, he's under attack from an employee he fired because of a math mistake that cost the state millions in education funds. >> he prepared the application. he made the mistake in his own handwriting. >> now the man who was canned has some explosive new allegations. we'll explain coming up. >> next guest says legalizing pot may actually violate the constitution for the same reason the white house says arizona's immigration law is illegal. what? a former director of the d.e.a. here to explain. [ male announcer ] you can dream of completely transforming

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>> going to pot. california's push to legalize marijuana may have met its toughest competition yet. the u.s. constitution. remember that? well, this november, california voters will decide if the state should legalize the possession and sale of small amounts of pot. something the federal government has already deemed illegal. so if passed would proposition

19 in california be a violation of federal law? sounds kind of like the argument with immigration. right? well, acea hutchinson is the former head of the d.e.a. and joins us now. good morning to you. >> good morning, steve. >> all right, this is a great argument that you make. >> not only i make it but all nine administrators, former administrators, the d.e.a., since its inception both democrat and republican administrations signed this letter to the attorney general asking him to state very clearly his opposition to proposition 19 in california which would legalize small amounts of marijuana. we do it because federal law is very clear under the controlled substance act, possession of marijuana is illegal and you don't want to have a state law that conflicts with federal law and there's a reason we have the supremacy clause in the u.s. constitution that's been asserted in arizona that when they're in conflict, federal law trumps so let's give them notice in advance that it's still a violation of federal law.

>> oh, asa, you know, i don't think the administration will like you using their argument to make your case. in fact, here is a former san jose, california, police chief who was on our program who said that prop 19 will defeat cartels. watch this. >> this will strike a blow against the drug cartels and drug gangs by taking away 60% of the funds they obtain now from marijuana's black market. during my 35 years in law enforcement we never landed a glove on them. >> he says they legalize it, it will get rid of the cartels. you don't think that's right? >> i don't think that's right. i don't think logic says that's right. the cartels do engage in marijuana trafficking but it's also heroin. it's also cocaine. it's also methamphetamine, devastating drugs and so you don't put them out of business. you know, whenever we ended prohibition, perhaps they adjusted into other areas of

crime but the crime syndicates went on. >> sure. now, you know, a number of states have considered marijuana for medicinal use. this is just -- this is not for medicinal use. you can have pot. you can grow pot a little bit as long as you don't sell it, why is that such a bad idea? what california is on the verge of, perhaps, pass willining? >> it's a bad idea. if you believe marijuana is a harmful drug and you don't want teenage consumption of marijuana to go up, you need to vote against that and in fact, the president's national drug control policy opposes prop 19 or opposes legalization because they know it would increase usage. last year we had 1.5 million more users than the previous year in 2008. it's starting to up tick. we need to take a strong stand that it's still a harmful drug. and so i think that's -- i'm a parent as well. >> sure. >> and you don't want consumption to go up and historically that's what happens when you legalize. >> absolutely. thank you very much. nice to see you again.

>> good to see you. thank you. >> what do you think? do you think he's right? does he make a good argument? e-mail us right now on this friday. call to freeze off foreclosures because the banks screwed up. is it a good idea to let delinquent mortgage holders stay in homes that they can't afford? stuart varney says that will ruin the economy. and that's why he's got that graphic over his shoulder. then he's already on shaky ground for abandoning the republican party and last night, governor charlie crist was on a shaky mound. wait until you see his pitch. oh, boy. oh, charlie! would get rewards, sometimes i wouldn't. this one card i had -- there were all these rules. rules and restrictions. oh, and limits. [ scoffs ] forget abo it. but i love this card. bankamericard cash rewar creditard. 1% cash back on everything i buy. period. limit to the amount of cash back i can get. no hoops to jump through. simple. [ male announcer ] the refreshingly simple bankericard cash rewards credit card.

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>> union workers at a g.m. plant agreed to cut wages to work on a new subcompact car.

40% of the workers will be paid $14, half the union rate and some may be called back from layoffs to do so. meanwhile, the long wait for the miners trapped in chile nearly over. rescue shaft could be completed today and the 33 miners could be freed by sunday. that's really good. >> the justice department is now investigating the foreclosures done by major banks and while they do, advocacy groups want a freeze on all home repossessions. while it may keep people in their homes a little longer, stu varney said in the end, everyone could lose. just yesterday, we did a segment on how this would actually help these people that can't afford their homes right now. >> keep them in the homes longer, that's for sure. it will help that group of people, yes. big picture is we're moving towards a national freeze on all foreclosures. that will slow down dramatically and already near dead real

estate market. think what that does to people who have just bought a home but sale is now upset. what does it do to realtors who no longer have so many homes for sale because foreclosed homes are withdrawn from the market. what does that do to title insurers who have issued title and insurance and it's now going to be upset. the whole real estate market is about to almost seize up with dramatic implications for the overall economy. >> you think that's more important to the economy than people being able to stay in their homes and spend money into the economy. >> oh, yes. look, big picture here. you're about to slow down the entire real estate market. housing is already in a crisis. it's about to get worse. and there's no solution to this. you can't stop this thing. the foreclosure freeze is rapidly being put in place. the housing, real estate market is rapidly seizing up. >> the 30 democrats earlier this week joined in this call

for this foreclosure freeze because they say there's a bunch of muddled paperwork and a lot of big banks have agreed, they've stopped the foreclosures because of this muddled paperwork. >> it's all true. >> how long will it take to resolve this? >> i've heard estimates that people who are currently living in a home which has been foreclosed on will get to stay an extra year in that home. i've heard those estimates. nobody really knows for sure. but they extend -- it will be an extension of time for those people already living in homes on which have been foreclosed. >> could you argue the lenders should have been more flexible a couple of years ago, then, to help out some of these people? because now, we're to the point where the department of justice is getting involved in this whole thing. >> you can argue that. the whole thing is a mess. this goes back to the days of the housing bubble when mortgage were sold, resold, resold all over again. literally all over the world. now come time for foreclosure, you don't have all that

documentation. some of it has been lost. some of it is inaccurate. false signatures are being used. there's all kinds of paperwork mess that is creating this foreclosure freeze. but you've got to look at the big picture. this is a freeze on a big chunk of the economy. >> ok, but stu, because it's friday, i need some good news. so is there any solution on the horizon? >> no. i'm sorry. i'm very sorry. i wish i could give you good news on a friday morning but i can't. >> then i'm not going to say tgif to you. >> you will watch my show, will you not? >> very good segue. 9:20 eastern time on the fox business network. i promise i will watch because i still like you. >> glad to hear it, too. >> have a good weekend. coming up, some explosive new allegations against new jersey governor chris christie from a former employee and the wife of an american allegedly gunned down on a jet ski in a border lake under intense scrutiny about her story. >> i wouldn't do anything like

that. i can understand since they say they can't find the body but they're not looking. they're not looking for him. >> now, cops say they can prove she's telling the truth. then bret favre busted for sexting. he's not talking. one of the sideline reporters ready to apparently tell all. [ female announcer ] how well did total effects body wash shape up for good housekeeping? they believe with olay you can challenge what's possible and gave us their good housekeeping seal. for smooth, firm, younger looking skin shape up in the shower wit olay total effects body wash. for smooth, firm, younger looking skin so you think your kids are getting enough vegetables? yeah, maybe not. v8 v-fusion juice gives them a full serving

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>> mr. kilmeade. >> shot him dead, florida governor charlie crist shows out the first pitch, not even close.

the tampa rays. crist giving meaning to the word "wild pitch" after having a tough time in the debate, that was really a tough time at the plate. >> he was an outliar. he was a republican but now an independent. he's out of bounds of any political party right now. >> but gretch, back in the day when he was a republican, if you notice, that pitch went way right. >> that's true. >> instead of going way left, it went way right. >> he did not get much help from the catcher. oftentimes the catcher will stand and say he just hit me. the catcher was ready for the game to start. >> let's look into the political affiliation of the catcher. >> can we do that? >> who do we have that we can put on? >> we've been telling you over the last week about this terrible case down in falcon lake, a lake that straddles the u.s. and mexican border in texas. and there's a picture of david and tiffany hartley. last week, according to tiffany, they were out on jet skis and some mexican pirates came up and

shot her husband. here's -- and now, apparently, there's been some question whether or not she could have been involved because they couldn't find a body and the story didn't seem to sync up. now the police down there have cleared her because they found blood on her vest which suggests her story where shez i tried to drag them out is true. >> there's a witness she came upon and the first person she saw after she said look, these pirates shot my husband in the back of my head. they were shooting at me and i took off. here's that witness. >> i see this jet ski headed towards me with a -- there was this boat behind it. as soon as it starts heading towards me, i noticed the boat turned around and started heading out west. her husband had gotten shot was what she blurted out screaming, crying, sobbing. >> ok. so there you've got the guy who

has corroborated her story. obviously, it's a crazy area down there. if they have pirates on water, he wants his identity protected. >> the lake is huge. >> 60 miles long. >> if they're out there, mexican authorities say it probably didn't happen. does that surprise you that the mexican authorities wouldn't be scrambling to get to the bottom of it? >> no, when she was on the show, she was pleading to our government, president obama, secretary of state hillary clinton, governor rick perry in texas to please help me. please help me find the body of my husband. we had governor perry saying he was doing everything he can. he said look, this is a border issue. this is a border issue that the state of texas has been asking for help for years and they haven't gotten it. this is what's happening. americans are dying when they're going out on the lake that separates the two countries. >> and people on the u.s. side said we've been slow to be involved with the search because of the threat of an ambush.

you know, we're familiar with pirates around somalia but this is texas. this is crazy. >> yeah. 27 minutes before the top of the hour. now the headlines. >> we have some headlines for you on this friday morning. we start with an amber alert issued for two young boys in california. >> to make sure i'm paying attention. >> they were snatched outside their apartment complex in anaheim. 4-year-old jacob and 2-year-old justin were pulled into a van by two men in front of their mother. cops are looking for a gray or a silver dodge caravan with tinted windows. it has a dent on the right, front door. anyone with information is urged to call the police. >> a roller coaster crash sends 10 people to the hospital. three of them were children. it happened in orange county, california. two cars on the pony express roller coaster collided at the boarding station where people get on and off the ride. luckily, nobody was seriously hurt but the cause of the crash is still being investigated. >> meanwhile, new jersey governor chris christie is under attack of the education commissioner he fired because of

a mistake that cost new jersey $400 million in federal school aid. bret schundler blames christie now telling a state senate committee that the governor put his fight of the teachers union before the interest of the state of new jersey. >> his rational may have been i don't want anybody to think i'm caving into the union. >> governor christie firing back insisting it was only schindler's clerical error that cost new jersey the so-called race to the top funding. here's the governor. >> he prepared the application. he made the mistake in his own handwriting and we didn't win race to the top because of that mistake. >> governor christie adding he's not going to "waste anymore time" responding to mr. schundler. >> they won't be tried on ethics charges until at midterm election. republicans on the ethics committee wanted them to get grilled this month. pointing out that rangel and

waters themselves asked to have their trials moved up. they can get anything from a congressional slap on the wrist to expulsion. a little politics at play there quite potentially. >> from politics to precipitation. let's find out where it's raining. there's no rain in sight there. there's flooding along many streets in miami beach and south miami, florida. one business had to close. flooding could happen today because of the fierce winds and high tides as well. meanwhile, where's it raining? you can see most of the rain is out in the western part of the united states. from the plain states to the east, it is nice and dry and currently as you step out on this friday morning, if you're in raleigh, it's about 50 degrees. same thing around chicago land. temperatures through much of ohio and the ohio valley in the 40's and 50's. chilly, though, in caribou, maine. currently 39 degrees. later today, things are going to warm up and it will feel like a wonderful friday in october. 88 in kansas city. 90 toasty degrees in memphis and

it will be 87 today in tampa. that's a look at the weather. >> i think brian left us, steve, he's outside where he has a special guest and do a story. >> first thing is first. let's talk minnesota like we always do, gretchen when you're around. scandals swirling around vikings quarterback bret favre. favre, married, refusing to answer reports that he tried to seduce a couple years ago a jets employee, jen sturger who tried to do it with sexy voice messages. sexy to come. some repulsive. texts and photos involved back when he was with the jets. >> i'll be in the building for a couple of hours. love to have you come over tonight. >> gets worse. editor a.j. delorio was on "red eye" to talk about it. >> area code was the 601 area code. he's from mississippi. that's a mississippi area code. it seems like for somebody to impersonate him, that's a large

step to take to kind of go to get after jen. >> so deadspin had the stuff, the exclusive story and recordings from the third party, that's where they came from. she refused to turn over those tapes. favre and the vikings face the jets on monday night football. that's called maximum bang for your buck. a busy week five in the nfl. we'll break it down as we do almost every week with big daddy. yes, richard stelgado, president and c.e.o. of coastal advisor insurance and big time player agent that has better contacts than we could ever dream of. welcome back. >> thanks. >> on the bret favre story, 40 years old, he's an icon. played in minnesota. how big a deal? >> right now, i don't think it's a big deal and the reason being is because they're so focused on playing, randy moss just got there and i think that's something that will be pushed to the side. >> we'll end with the randy moss story. it was a monster trade this week. let's start with what you call the upset of the week.

49ers coming 4-0 against the eagles without michael vick. >> san francisco is due to win and they're playing at home. >> playing at home. mike singletary is a fired up guy. kevin kolb is the young quarterback supposed to get the job. are you a believer? >> with andy reed behind the helm, i think anybody can win. i think the team was so excited about michael vick being there and he brought in that new element and everything, i think that's why he feel like san francisco is going to win. >> i'm jealous of your outfit. you must have a clothing deal. game of the week, tennessee comes in 2-2 against the cowboys. tell me about this game. >> big game for the cowboys because if they lose, 1-3, i believe, and chris johnson now, the running game. so i think you're going to see tennessee trying to ram it down dallas' throat and you're going to see dallas playing harder than ever to get that win. >> and they will. if they do lose, they'll drop to 2-3.

with chris johnson you have arguably the best running back in the league. the player to watch this week, 33-year-old often controversial randy moss. how did he talk his way out of new england? >> i don't know how he did that. i'm just -- i'm going to be there monday night and i'm looking forward to seeing him gliding down the field. i think they're going to try to get a point across right away. hey, we're here. i'm ready to play. and bret will get it to me. >> listen to this, randy moss is on the new england patriots, he goes back to minnesota. the team he started with. he's a superstar who takes plays off. what's going to motivate him to play? >> monday night game, he'll show the world that raenndy mos is back. >> one of the best cornerbacks ever will be covering him. >> the vikings bring adrian peterson, total different offense. the jets haven't seen that. when he was at new england, you have randy moss, walker, no running game. >> maybe bret favre will be so pumped up, he will shave. possibly.

and not look quite as old this week. that's it. always great to see you. thanks so much. >> thank you. >> let's go back inside where steve is preparing something special with gretchen. >> indeed. thank you, brian and big daddy. >> and i like big daddy's prediction, by the way. buy insurance or face a fine from the government? a judge just said it's perfectly fine but the legal battle over health care far from over. we're going to ask our own judge napolitano what could be next. >> then arnold schwarzenegger brings some fellow star power to california's government nominating bo derek to what? find out straight ahead. [ indistinct shouting ] ♪ another day ♪ another dollar ♪ daylight comes [ dogs barking ] ♪ i'm on my way ♪ another day ♪ another dollar ♪ working my whole life away

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>> i think we might have had somebody faint down here. >> party rally for maryland, president obama called for help for somebody who fainted. they had been standing for hours waiting for him. model and actress bo derek gets a new gig. she's been appointeded to the state board that oversees horse racing in california. she owns a pet care company and a prominent animal rights activist. congrats. >> indeed. meanwhile, a victory for president obama's health care law. for the first time, a federal judge in detroit has weighed in on the mandate requiring individuals to have health care insurance or pay a penalty. the judge ruled the mandate is constitutional because the uninsured affect interstate commerce. >> with us right now to discuss that and put into union terms,

fox news judicial analyst andrew napolitano. do you like this decision? >> no, i don't like this decision. i think this portion of the health care reform act clearly violates the constitution. the government has never before in history, the federal government claimed the authority to force people to purchase something. the judge actually has such a liberal open expansive view of the commerce clause, that's the power of commerce to regulate the movement of things over interstate lines that he would let it regulate anything. so here's what he said. if an individual decides to buy health insurance or not to buy health insurance, that's not even the blip on the radar screen of the national economy. but if you add up all individuals who might decide to buy or not to buy, that in the aggregate would have an effect on interstate commerce and so congress can regulate it. did he reach the precise issue of whether the congress can force you to buy something you don't want or tax you if you don't buy it? no, he didn't. but he basically said, congress can regulate anything that affects interstate commerce so

i'm thinking. this guy thinks the congress can regulate anything. can they change a baseball game from nine innings to 10 innings? because that could keep people in the stadium longer and that would affect interstate commerce. in his view, yes. and that's absurd. >> ok. now, we should point out there are a number of lawsuits challenging this. this is just one of them. this is not the one that was started by the attorney general down in florida. it was a bunch of other attorney generals. that's not this one. >> correct. this was started by the thomas moore legal center that traditionally represents traditional catholic views. they attack this thing on a number of basis including abortion which this judge didn't rule on yet. there's one in richmond started by the attorney general of virginia. that judge has indicated he'll probably go the opposite way. >> are they the same cases? >> they're the same issues but different cases. the one you're talking about in pensacola, florida is the granddaddy of them. that has 20 states as plaintiffs against the federal government. >> is it how the case is argued? are they not arguing this

corre correctly? >> you know what it is, it's how the judge looks at the congress and the constitution in relation to individuals. i tend, as you know, to look at the congress and the constitution in a narrow way because that's the way the founders wrote the document. a lot of law schools teach law students who become lawyers, who become judges to look at it in an expansive, progressive way that the congress knows what's best. this will be decided by the supreme court. you got these three cases, detroit, richmond, pensacola, the judges will probably rule in opposite ways. those decisions will go to the federal appellate courts and then those decisions will go to the supreme court where i do believe that this part of obama care will be found unconstitutional. because the congress has never, ever before claimed this authority. if the congress says that the sun causes skin cancer, can it order us to wear hats? this judge would have said yes. most judges in the country would say no. >> all right. >> two years, it gets all the way up there?

>> that's a good guess. about that time. >> we're going to watch you this weekend, if that's ok with you, judge. >> absolutely. >> we'll watch you at 10:00 on saturday and 8:00 at night and see you again at 7:00 and 11:00 there will be a quiz at the end. the country will be asked to answer questions. >> will you pass that quiz, kilmeade? >> yes! >> those were the good old days. >> what do you got coming up this weekend? >> we have colonel anthony schaefer former of military intelligence with explosive information that the 9/11 commission refused to take from him. >> right, able danger. great book. >> you're an able guy. >> so are you. thank you, guys. have a great weekend. >> all right, coming up straight ahead, it turns out there are two justin biebers and one of them wants his old life back. >> does he run b.p.? >> i'm not sure. the middle aged man being harassed by teenaged girls. >> how much do you know about your own religion? not a whole lot according to our next guest in a poll as well.

he'll put us and you to the test. stand by, you're watching "fox & friends." it's friday! >> we've got a flood. hits the road, the nose the angels start second guessing where they tread. ♪ cl 1-800-steemer

>> here's a loaded question for you on a friday morning. are we losing our religion? new findings from the pugh research center tested the religious i.q. of americans and i bet you won't be surprised to

find out the results are surprising. while 57% said religion is very important, most people only got half of the 32 questions right. only 8 of the more than 3400 people surveyed got a perfect score and perhaps not shocking atheists and agnostics actually scored the highest. >> steven plethrow is the author of "religious letters, what every american needs to know and doesn't". he joins us from boston. great to see you. >> good morning. >> great to have you as well. we'll talk about those questions before you talk about the findings. >> the first is which of the following best describes the catholic teaching about the bread and wine used in communion? does the bread and wine become the body and blood of jesus or is the bread and wine a symbol of the body and blood of jesus? >> a, i believe, is the correct answer. it becomes the body and blood of jesus. >> that's right. and only about 40% of americans

got that right and catholics had a hard tame with that question, too, even though it's about their tradition. >> all right. question number 2 -- >> well, this isn't quite as devote catholic. what religion is the daoll doll lama. >> i'm going with c, buddhist. >> most americans did not know that the dalai lama is a buddhist. >> why does that matter? some people say even though i can't tell you every book of the bible, i feel safe in my heart and i act and live my life as a christian and that's what's important. >> well, i think that's right. but i think that at the same time, you have to think about religion as something -- knowledge about religion is something we need as citizens, you know, we now have not really just one political party but two in the united states who are pretty regularly trying to connect the bible and god and jesus and christianity to public policy initiatives. we also have a world in which a

lot of different religions, not just christianity are active in the middle east, active in indonesia, in india, in china. we need to know something about these religions in order to make sense of the world. >> why? >> well, because -- because they motivate people. people aren't just moevobam mot greed and power. they're motivated by the after life. >> it's great that you know that stuff about other religions. isn't it important to know about what you feel? and what you believe in? >> well, you said to know about what you feel and you believe in. i think, ok, there's for sides to the question. one is what's proper religion, right? can you have faith without knowledge? right? that's one question and that's the personal religious question. the civic question which is the one that i tend toward and tend

to raise is that, you know, we're having conversations about islam in america, we're having conversations about peace in the middle east. how do those conversations move forward if our knowledge of islam, christianity and judaism is so poor that we can't engage in conversations and all we can go on is our raw feelings rather than some actual knowledge about the -- about these traditions. >> i think sort of comparing apples and oranges with the idea of faith in your own spirit and then understanding the rest of the world because we have all these different religions and let's face it, many wars, most start from religion. so it is probably a good thing to understand where we are with regard to religion. >> even in -- even with our own traditions, you know, i think there is sort of conservative principle that, you know, part of what it is to be a christian, for example, is to respect the people who have lived and died in christian tradition and who have held together the creeds, who have, you know, put together the bible, who have preached sermons throughout american

history, throughout european history and there's a sort of disdain in a way for the dead when you don't really care what the tradition teaches in terms of the core values and its core teachings. >> very interesting discussion. that's your opinion. thank you very much. this book is religious, religious literacy, what every american needs to know and doesn't. thank you very much for joining us today from boston. >> thank you. >> e-mail us, what do you think? do you agree with him? friends at foxnews.com. >> harry reid facing new opposition from members of his own family? what his son who is also a politician is now saying. >> uh-oh! then young voters being lured to the polls. with pot? an interesting political panel this morning. comedian jim brewer, robin quivers from the howard stern show and jonah goldberg join us. what a couch! that's coming up. playing )

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ask your doctor if including advair will help improve your lung function for better breathing. get your first full prescription free and save on refills. >> tgif, everyone. it's friday, october 8, 2010. thank you for sharing your time with us today. if republicans take the hill this november, fists will fly? that's right. president obama saying a g.o.p. majority will bring "hand to hand combat" to congress. what happened to working together? >> life has changed. a family divided, nevada gubernatorial candidate rory reid not so big on his daddy's health care reform. why he says harry's health care overhaul could hurt his state. that's his boy! >> did you know that justin bieber has a beard, glasses and a love for "star wars."

no, not that kid! the pop sensation, the kid from canada, we're talking about a 35-year-old man with the same name. justin bieber. and it's wrecking his life. "fox & friends" starts right now live from new york city. >> and the story you're talking about is about justin. it's a 35-year-old who was confused. i knew a few butafuocos whose life was great for a while and hasn't been the same since that famo famous incident. >> yes, indeed, mr. massapequa. >> we'll tell you about that moments away. we'll get to the unemployment rate. expected to climb today. analysts predict it will rise to 9.7%. it could spell big trouble for candidates in midterm elections. molly joins us from washington with more on that. good morning to you, molly. >> good morning, gretchen, steve and brian and yes, a tick up today for unemployment numbers in november. that's what the economists are

predicting when the numbers are released later this morning. it's expected the unemployment rate will rise a 10th of a percent from 9.6% to 9.7%. they estimate while the private sector likely created about 75,000 jobs in september, that's up from 67,000 jobs in august. the gains will be offset by layoffs of temporary census workers. so the net numbers today may show no new jobs created last month. at a fundraiser last night, the president said the overall economic outlook would have been worse if it hadn't been for his stimulus plan. here's more. >> we know that we did the right thing. but look, we've still got a long way to go because the hole that we're climbing out of it is so deep. >> republicans argue that the stimulus spending has put the government more in debt and has not boosted the economy. the numbers out today will be the last monthly unemployment numbers before the november elections and that may put the president and democratic members of congress in a tough position going into the midterm elections

with unemployment hovering around 10% and voters very concerned about the economy. gretchen, steve and brian, back to you all and steve and brian, i got to ask, have you noticed which team is atop the nfc east with two wins in the division? >> i knew you were going to go to football before a weekend, molly. >> i'm going to fact check you, all right? the giants have two wins, the cowboys have two wins, the eagles have two wins and your redskins have two wins. that's a tie. >> we have two wins in the division. so that puts us atop the nfc east. >> ok. >> we. >> the cowboys and the eagles. >> molly, it would be tough to find two more passionate women about football than you and me, right? >> i know. the two of us, i know. i know. >> this is the right time to talk about the playoffs. there's only 12 weeks left. believe me, this is the time to emphasize it. you're right. start celebrating in the end zone! >> thanks, molly. >> thank you, guys. >> you know what molly is doing right there. >> what? >> she's showing a lot of enthusiasm for her team.

the redskins, right? the problem for the democrats right now is the republicans are more enthused about voting in november and so what happens? well, the president of the united states and top democrats are doing their best to rally the troops. they're trying to get people, look, i know things aren't working out the way this hopy changy thing you thought was coming your way is working out. but we need you to show up. the president of the united states went on a radio show that was syndicated across the country yesterday, trying to rally the troops over a music background. here's what he said. >> the troops are fired up, they're mobilized. they see an opportunity to take back the house, maybe take back the senate. that means that we are going to have just hand-to-hand combat up here on capitol hill. >> hand to hand combat. >> yeah. so that's what it might be because look at how it may all unfold. these are the seats that the republicans need to take over the house and the senate. in the house, they would need 39 seats.

in the senate, they would need 10 seats. so at the same time, one of president obama's number one campaign managers, david plouffe is back in the white house workiwor working behind the scenes and he was on the record saying anything short of a sweep would be colossal failure for the republicans. that's reverse psychology, is it not? you're actually on the other team and you're saying unless the republicans have this humongous sweep, it will not be a victory for republicans. why would he say that? >> well, maybe he's reading the tea leaves and he wants to lower expectations for democrats and raise them for republicans. if he raises them and republicans get the house, it could have been a lot worse. people didn't want to go back. >> you didn't get the senate, ha-ha! >> he went on to say a little bit later that gradually he thinks a lot can happen and they could show progress gradually in the next 26 days and maybe stem the tide and he also made a snide comment about sarah palin.

if she gets the nomination, we could only get so lucky. bring it on. >> they'll wind up with unlucky news today probably according to all the experts when this unemployment number comes out later today. did you see gallup had information yesterday where they say the actual unemployment in this country right now is currently at 10.1%. then you also look at the fact that the federal spending is up 9% over the last year, and gallup also says that underemployment, people who don't have enough to do, underemployment in the united states of america right now is at 18.8%. 1 in every 5 people underemployed, those are numbers that the party in power right now, democrats can't like. >> let's talk a little bit about health care now because in nevada, it's kind of family member against family member. harry reid, of course, in november will hope to keep his seat in nevada and you have rory reid his son running to become the governor in nevada.

remember, we said when it comes to rory reid's bio, he didn't mention that harry reid was his father. wonder how harry reid will feel about rory and these comments about health care. >> i don't deny, however, that nevada needs to be vigilant on this issue. the law that was passed gives time for the new system to go into effect but there is potential for it to put significant pressure on states because medicaid rates could go up significantly. >> oops! maybe that's why his dad is not on his web site. i mean, that's why. he's in a debate and he's got to win. they can't refer to each other at all in this election because the name has such negative connotations but people of nevada will pay the price because for a couple of years, the check is written by the federal government and then it dissipates. >> that's right. >> by 2014. he's going to have this problem because he's got to balance his budget if he gets this job as

governor of nevada. >> uh-huh. >> so stay tuned for that. in the meantime, let's take a look at the friday headlines. if you ride the rails, you'll see a lot more police officers on board today. includes amtrak, the commuter railroads and on subways across the country, some will have automatic weapons it's a nationwide training exercise. officials say it's not linked, though, to recent threats of a terrorist attack on americans traveling in europe. that toxic red sludge flowing through the streets of hungary is now the same size as the gulf oil spill. that new estimate just released by hungary's government. some live pictures now coming in from that country, hungary, cleanup under way right now. the sludge on the surface of the water, though, of the danube river, luckily that is now contained. but hungary's environmental minister still very concerned. >> can blow away heavy metal contamination side which is through the resistance, i can

breathe it and that will cause damage to my lung, cancer causing heavy metal. >> winds could carry contamination into croatia and serbia. new evidence supports a deputy's claim that he was shot by drug smugglers in the desert. the sheriff's office says testing on his bloody shirt confirms he was shot from far away. the deputy was accused of staging the incident to publicize smuggling. >> i didn't have any anxiety. i didn't need a test. i was there. i did not shoot myself. >> if i had known i was going to go out there and get into a gunfight, i would have took five or six guys with me. but it could happen any day of the week. it just happened to happen that day. >> puroll said he was tracking smugglers in the arizona desert in april when they ambushed him. president george w. bush unofficially kicked off his book tour with a humorous jab to his critics. he said i have written a book. this will come as a shock to some of the elites.

they didn't think i could read a book much less write one. as for life outside the white house, the president says i do not miss the limelight. i have zero desire to be in the press. i have zero desire to be on your tv screens. eight years is enough of that. >> but after november 2nd, he'll be everywhere. really going to refuel the debate comparing administrations. let's talk about something that's really bothering justin bieber. >> yeah. >> what's that? the 16-year-old pop sensation from canada? >> no, nothing bothers him. i'm talking about the 35-year-old father and husband. >> that's right, the justin bieber. there's the one from canada, the teen heartthrob. >> with the comb over. >> turns out he has hundreds of thousands of fans on facebook much the guy screen left is justin bieber of jacksonville, florida and he got a little hacked off not long ago when facebook told him, justin bieber, 35 years old that he was posing as justin bieber. >> how dare he? >> he is justin bieber. he was justin bieber before the

famous justin bieber. >> now he can't get his facebook account back. he's been trying. he's been calling them up saying hey, i really am justin bieber. i'm just not that one. no, we don't believe you. apparently they've had to change their phone number. you know, he said the good thing is now at least people know how to pronounce my last name. >> they do and teenage girls are calling him nonstop. >> that's a problem. >> leaving messages. >> lot to explain. another woman is on the phone for you, honey. she says you've met somewhere or follows you wherever you go. >> oh, is justin there? >> my husband? >> yeah. what? he's married? >> the big thing is the bieber hair. so people would know when they see that 35-year-old guy that's really not justin bieber, right? because you need to have this sort of donald trump inspired comb over type of hair like that. >> look at steve. look at steve with the -- oh. >> leave it to beaver. >> lack like a monkey. >> i wonder what you would look like. >> that is more me. >> that is -- >> you look like a girl.

>> that's how i walk in in the morning then the make-up people go to town. >> that's fantastic. all right. i think i look best. >> uh-huh. >> 12 minutes after the hour. look, we have a fine panel all set to go. are young voters being lured to the polls with pot? we're gonna ask our panel after the break. that's how we lured all three of them here. jim brewer, robin quivers and from the howard stern show and jonah goldberg who is not on the howard stern show. >> nobody is actually going to smoke pot in this set, are they? >> no, absolutely not. >> he's thanking a cell phone for saving his life. man shot in the leg and walked away without a scratch. ring ring ring ring

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>> some pollsters say the marijuana message is mobilizing youth vote and benefitting the state's democratic candidates at the polls and will in november. check out this poll on voter differences. it says 49% of all voters support the pot initiative. that's putting pot in stores across the state. 59% of young voters support it

as well as 60% of democrats. so will democrats push pot measures to energize the youth liberal voters in 2012 when they are on the west coast? we're joined by three extremely smart, funny people. jonah goldberg is hysterical and the editor at large of national review on line and editor of proud to be right. robin quivers is co-host of the howard stern show and she is -- does not have a book. and comedian jim brewer is a radio talk show host and does have a book called "i am not high." how appropriate is that? first thing, jonah, do you see this as a ploy? put pot on the ballot to keep democrats in office. >> well, the guys that are behind the ballot don't see it that way. they're very sincere. they're hardcore and was told by everyone not to do it. but at the same time, the irony here is that the entire democrat party in california is against this. >> still prop 19. >> right, prop 19. barbara boxer is against it and all that. much more complicated political issue than people think it is. if it actually becomes associated with the democratic party, it could turn off independents and all the rest. >> for me, i think that people

who are into pot, they like rallies. you know, you get together with other pot smokers and you get to smoke. voting isn't like that. it's very individual. they don't like to congregate around the poll. >> you can't even talk on line. >> what's the motivation to actually get up after you've, you know, had a couple of puffs to go vote? >> can't bring them back funions. >> right. robin is very focused on the day rather than the impact. she's focused on the party day. >> impact is they're not coming out to vote. >> no, it's genius. i think they should do it. i know if i was 19 and still smacking it out, i'd be the first one in line with my bag of funions and when they go vote, you should get a free d.v.d., the movie "half baked." >> that should be true. they can't give away prizes in the american system. >> it's illegal. illegal. >> by not giving away prizes. >> impact of this, you'll be able to walk in and say, ok, give me a six and give me a pound of pot. is that going to happen?

>> would it be really a pound? they couldn't sell it in that quantity. >> i think we'll go metric. but jonah, in the big picture, though, this is unbelievable. you've got the president of mexico saying we are hypocrites to say we care about the war on drugs and allow pot to be sold. >> yeah, look, it's going to be a huge political -- >> football. >> football is the wrong metaphor. it will be radioactive or hot potato. no one wants to say they're in favor of it. the voters want it. i'm in favor of slow decriminalization of pot anyway. >> that's really what we're talking about. decriminalization of pot. we shouldn't be locking up people. >> some of the people against it most strenuously are the pot barrens of california who already exist. people who are already making money off pot. >> that's the thing. jim, it's about money and it's about tax dollars to get a broke california some bucks. >> it's a conspiracy, man. let me tell you something. i live in a nice neighborhood, a lot of lawyers. if people knew how many people who are against marijuana are the true potheads this country

would be shot! >> trust me seen it in action. >> you've taken this in a totally different direction. we're talking about your neighborhood and your house all of a sudden. >> got a trampoline. >> really. in the preinterview, nothing about a trampoline. >> no. >> it's a shocker. >> no lava lamps. >> that's true. stay right here. we have something else important to talk about, you got to stay. not letting you out. coming up straight ahead, we talk about the panel about this. will americans base their vote on the issues or more about how much money they make? it's sparking a debate between two political heavyweights, nancy pelosi and former speaker newt gingrich. we'll find out if this is class warfare at the ballot box. then did dora get a bad deal? the former voice says she wasn't paid enough money and she intends on cashing in. sing us out.

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>> war of words erupting this week after former house speaker newt gingrich laid out -- >> white guy! >> yeah, former white guy. >> hey, camera 1 -- do i actually need a panel for this? because i'll throw you out right now! hey, newt gingrich talking. it looks like class warfare and it looks like we got a battle on our hands. listen. >> what i've been advocating very strongly is the republicans draw a clear contrast between paychecks and food stamps and hammer home the fact that under obama, we now have more americans on food stamps than ever in american history and that's not a future the american people want. >> pelosi fired right back. >> it's the biggest bang for the buck when you do food stamps

and unemployment insurance. the biggest bang for the buck. >> so will this election be about waging class warfare? the food stamps help the economy? let's ask our panel. first, jonah, with you, you were so well behaved unlike these two. what do you think? does pelosi have a point or is newt on the money? >> i don't like the way newt framed it, paychecks vs. food stamps. that turns some people off. pelosi is completely wrong on the economics and the idea that you get the best stimulus effect from job benefits is just nonsense. >> the story is -- the theory is, robin, for every dollar you give to food stamps you get $1.72 back into the economy. that is nancy pelosi. what she's saying. >> that's the strangest math i've ever heard. >> i don't know how she did that. >> did you see the class warfare happening? >> i absolutely see the class warfare happening. every time you talk about the democratic party being the party of welfare or you talk about the republican party being the party of the rich, every time the -- you know, quite frankly the

republicans have been very good about framing this argument. they always have a great slogan, you know, welfare and food stamps vs. paychecks. you know, that really resonates with people. unfortunately, the democrats play the same game. they do it by saying tax the rich or don't give tax cuts to the rich. however, people who work for a living don't consider themselves rich. so everyone groans when the democrats try to push that agenda. >> and my real concern is newt gingrich's head is getting bigger and bigger. >> it is not getting bigger. it never looked better. >> fall over. >> he's never looked better. oh, my god! >> looks younger. >> this guy -- he's going to be running for president, you just watch. 72%. look at this chart. i know jimmy you demand graphics. here you go. 72% when asked say they have difficulty meeting current financial obligations if their paycheck was delayed one week. does this show -- maybe there's more struggling, jonah, than not

struggling. this is a welcome fight for nancy pelosi? >> no, look, i think it's actually true. a lot of people are uhurting right now. newt is right on this basic point. do they want to move the country towards growth and entrepreneurism or want the party that says this is your lot in life, we'll take care of you. >> that's fine and good but we've been trained forever to hire the guy in charge makes all the money and hire and pay them absolutely nothing and nothing. so -- >> but you also have -- >> are you going to start working? >> you also have voters, though, who joined parties and vote against their own interest simply because they want to be identified with the party of the paycheck. yet, the party of the union that's supposed to be, you know, protecting their right to work. they abandoned. so those slogans actually work. >> see, jim, what you were saying is you believed that the boss has too much power and the workers don't. don't the workers become the bosses? look at robin quivers. she had an entry level position as a nurse for a while and now

she's a huge radio personnel. >> got out of that. >> you called an audible. and she might need one, she's running a marathon. just so everyone knows. >> that's true. yes. >> she'll need one after this. >> i'll need a nurse. >> this is a lot about unions and how much good, if any, they're doing today. isn't this a lot about that argument? >> it is. also, you know, i understand that unions are supposed to be protecting people's jobs and all this. the evidence is increasingly that the unions are the ones that are depressing employment in a lot of ways. they are -- with the rules and the wages that they put in, they keep -- they're a barrier entry for other people to work. >> legalize mafia! that's what it is. any union, take the baseball union. >> again, again, the concept was a good one. of course, people did what was good for them at the top and they have abandoned the workers in every way. so, you know, to say that, you know, the party of anything is helping workers right now, we have a lot of people out of work. who is helping the worker? >> the popular unions are the

government unions, the government employee unions who change the laws to help themselves. >> getting a ton of money. we'll starting to get that exposed. your checks are in the mail. please, just know that. >> union free and we're happy you're here. thank you so much. good luck with your book. "i'm not high" is the name of your book. >> i'm watching the marathon to support me in my run. i'm running for nutrition education for children. >> 15foundation.org. >> we'll go there. >> join my team. >> i'm going back to bed. >> thanks very much. >> go there alone. straight ahead, troubled congressman charlie rangel caught a big break. it may help him get reee-elecre. a boxing match between president obama and president reagan. we have the sneak peek. don't look at me, robin. >> who won? >> our politicians looking at you. william lejunesse found out -- >> instead of hearing from the experts, as much as we love them, today it is voters' turns. do they want to take a wrecking

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the cadillac of crossovers. cadillac. the new standard of the world. >> president obama has moved up a long 12 day tour to india and asia to right after the november elections. can't imagine why he would want to leave the country after the midterm elections. >> so true. midterm elections as jay leno just mentioned weeks away and we're always hearing from politicians, consultants and, of course, analysts. now it's time to hear from you on what you think. the voters. the thoughts on the candidates and the issues we face today. so today, we hear from people in new york and atlanta and seattle. william lejunesse is live in the west coast newsroom with what they had to say. william? >> our intent was to get outside the beltway to hear why voters feel the way they do about money, politics, gridlock

in washington. so we posed the same question to a cross section of america. >> two years ago, americans voted for change. >> change has come to america. >> today, those changes have some voters -- >> fed up. >> very concerned. >> frustrated because the more i tend to trudge forward, somehow, some policies or another tend to drag me backwards again. >> we asked new yorkers in union square, shoppers in seattle. >> how you doing today? >> baseball fans in atlanta how they feel politically. >> pessimistic. >> i hate to say ambivalent. >> how it affected their intention to vote. >> are you more or less likely to vote? >> probably less because i feel like there is change in progress. >> less. >> why is that? >> i don't trust any of them! >> for others, restoring trust is why they will vote. >> i'm more likely to vote now. >> why's that? >> the people need to be heard.

>> i'm going to vote a let now just because of the circumstances that we're in. >> will that vote be for or against a congressional candidate or the president's agenda? >> i think all politics now is national. the tea party has proved it. >> i'm not real crazy about some of obama's ideas and the way he's leading the country. >> i'm voting on my views and i'm also concerned that they are just trying to stop the obama agenda. >> i'm voting on the issues. >> i don't vote one way or another based on democrat or republican but vote on whoever has the best plan for helping america. >> now, coming up on america's newsroom in about two hours, we will ask a different question. number one, how -- what are voters not hearing from the candidates, steve? and secondly, do they feel the government has too many fingers in the nation's economic cookie jar? back to you. >> get your fingers out of our cookie jar. william, thank you very much. we'll be watching for that. >> couple of other headlines for you on a friday. authorities say they have

evidence clearing the wife of an american man reportedly gunned down while jet skiing on a lake on the texas-mexico border. they say blood on tiffany hartley's life jacket supports her claim that mexican pirates shot her husband david. a witness has come forward but is obscured for his protection. >> i see this jet ski headed towards me with a -- there was this boat behind it. as soon as it starts headed towards me, i notice the boat turned around and started heading out west. her husband had gotten shot was what she blurted out, screaming, crying, sobbing. >> mexican authorities still have not found hartley's body and have expressed dot in tiffany's story. >> how do you even find a body in a body of water that big? meanwhile, president obama going off prompter and calling for paramedics during a democratic rally in maryland. >> i think we might have had somebody faint down here so the -- if we got the paramedics,

right here up front. everybody is pointing at him. >> all right. >> the president saw a woman in the awed ins pass out. she was not alone. dozens of people felt ill because the president -- just before the president began speaking. it was unusually hot and many people had been standing for hours in the sun waiting for the rally to begin. two people hospitalized. the rest treated at the scene. >> ok, meanwhile, saved bit cell phone. a harlem, new york man is lucky to be alive after getting shot by a disgruntled building supervisor who had been fired and came gunning for revenge. >> he's shooting me, you know. call the police. i'm hit. call the ambulance. >> you can see the bullet blasted a hole in the hip of juan camarina's jeans but lucky for him, he had this basic model of the flip phone, the nextel i-53 attached to his belt and police say it deflected the bullet that probably would have killed him. incredibly juan survived with

hardly a scratch. it was only his second day on the job. lucky guy. >> house dems charlie rangel and maxine waters have dodged a bullet for now. they won't be tried to ethics charges. well at least not until after the midterm election. republicans on the ethics committee wanted to get them grilled this month. pointing out that rangel and waters themselves asked to have their trials moved up. they could get anything from a congressional slap on the wrist to expulsion. >> now, the big story, the teen who used to be the voice of dora the explorer is suing the makers of the hit cartoon claiming she was duped into a bad contract. >> oh, no. >> will you help us sing the song for the chocolate tree? great! sing with us! >> ok. hate to interrupted the song, we have a show to do. lawyers for the 14-year-old says the girl was pressured to sign a contract without lawyers and was cheated out of millions of

dollars, nickelodeon calls the suit baseless and says sanchez is only suing because she's been replaced. >> because her voice changed, some say. >> how many times have we seen that episode? >> meanwhile, with the chocolate tree? up in the northern plains, fani and dry. same as northern plains and central plains. a little bit of rain moving through portions of new england at this hour and a little down south of atlanta. otherwise, the eastern half of the u.s.a. on this friday is dry. a little rain out west, though. meanwhile as the map populates with brand new numbers, you can see that currently you walk out the door in memphis, it's 60. about the same for atlanta. friends down in georgia and south carolina, raleigh in north carolina, right now at -- close to 50 but hang on, folks in raleigh because things are going to warm up to 77 later on today. it's going to be 90 in memphis. 80's and 90's across much of texas and oklahoma. kansas and the dakotas, back through the ozarks and down through the gulf coast. 89 in tampa but the chilly spot

on the map will be caribou, maine with only 54 degrees. that's a look at the fox travelcast on this friday. >> coming soon to theaters, face-off between president obama and president reagan. part of a new mostly animated documentary called "i want your money." fox news correspondent courtney friel is here with more. all right, what can you tell us about it? >> happy friday, everybody. the film is out next week and if you're a conservative, you'll most likely love it. if you're a liberal, probably not so much. "i want your money" as i mentioned contrasts the words and actions of president ronald reagan and barack obama. filmmaker ray griggs is the director, co-writer and narrator. he's the conservative and he funded the movie. he came up with the idea after president obama passed the $787 billion stimulus package and in much of the film's 92 minutes, griggs uses cartoon animation because he says it was easier to educate the young people about the deficit so take a look at part of the trailer. >> what are you doing here?

>> i'm redistributing the wealth. i learned in school spreading the wealth is good for everyone. >> well, i learned from real life that it's not. in fact, there's a word for it. it's called theft. >> is there any doubt that they will raise our taxes, that they will make government bigger than ever and deficits even worse? >> yeah. go us! >> problem with socialism is that sooner or later, you run out of other people's money. >> 305 million people each have a moral responsibility to help this country remain the freest in the world. >> i want your money! a controversial look at government spending. >> did you happen to see my look at newt gingrich in there. other republicans make appearances, too. he says he reached out to several liberals to tell their side but they declined so expect to hear narration over footage of obama golfing and some of the president's earlier gaffes being mocked and you'll see bill clinton hitting on the ladies. now to be fair, president george

w. bush, arnold schwarzenegger and sarah palin get criticized, too. critics of this documentary have a problem with some of the facts specifically that griggs failed to mention that reagan raised taxes and bush contributeded to the deficit, too. one review calls "i want your money" humorous yet not too preachy. director hopes the audience will be reminded that the government works for them and it's their money these politicians are spending. go check it out next week if you want to see it. >> thank you very much for the preview. >> have a great weekend. >> you, too. all right 19 minutes before the top of the hour. remember when president obama promised you if you like your health care coverage, you could keep your health care coverage, same health care plan. peter johnson jr. is here and said the president just broke that promise. >> oops! then he started investigating the paranormal at age 15 helping police find missing people. he got his own show. some of the stories were too scary to tell until now. he joins us live next. >> first the trivia question of

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>> standing there looking at me. >> pretty crazy. hadn't been here but two weeks when this happened. >> on his hit tv show a&e's paranormal, he shows viewers how he hunts down ghosts, behind the scenes of his most intense supernatural experiences that didn't make it to the air. he's the author of a new book called "paranormal state, my journey into the unknown." he joins us from new york. good morning to you. >> good morning. for people unfamiliar with your series about to go into its fifth season, when you were, what, a teenage kid, something happened to you. >> earlier than that, yeah. i started investigating when i was 15. this isn't just a hobby for me. i mean, this is something that i've been doing before ghost hunting was cool. >> right. >> and, you know, there are a lot of people who don't believe in ghosts. >> some, yeah. i think a lot of people are in denial. >> you think so? >> i think so. people are afraid to admit it. >> stuff happens at people's place of employment and homes, they call you rather than calling the police in some cases. >> well, i mean, you call the

police, what are they gonna do, you know? they have called the police. they've called doctors and psychologists, we're their last resort out of desperation, they contact us. >> it's kind of like the movie, who are you going to call, ghostbusters? you're not a ghostbusters per se or are you? what do you do when you show up the at a place? >> au >> it's not as fun as ghostbusters. we talk to them, do a little bit of detective work, a little bit of police work. a little bit of psychology, you know. >> you put together a group, when you were at penn state, right? >> 19 years old, i founded the paranormal research center at penn state and, you know, now it's a professional organization but it's -- it's got a bunch of people of all different walks of life. >> ok, you go and we're looking at video from the tv show. you go into a room, how can you tell if there's something in there? >> best way i can describe it is kind of like how a cop can kind of tell when someone is

lying or when danger is around. >> you have a sixth sense? > >> i don't claim to be psychic. i've been into so many houses, i do believe in this stuff. i do believe it's real. when i walk into a place, i can tell a little bit. >> do you have a feeling? >> like there's something over there? >> not like over there in that corner. >> just generalized? >> yeah, i like go in there and there's something weird about this house. usually the air is still very still especially when go into a house. suddenly things get very still. >> i know you've been called into exorcise houses. you feel something there. something's there. now what? what do you do? >> that's the funny thing. skeptics say, oh, you know, how -- you know, there's no such thing as ghosts but the problem is they've been to all the other avenues, psychologists, doctors, we go in there, sometimes we use spirituality and their faith to kind of, you know, almost like a priest to kind of get rid of the phenomena and whether or not you

believe in it, you can't mess with -- i guess you can't argue with the facts which are afterwards, they claim everything is gone. >> tell me real quickly, the case of the mothmen. >> the mothmen, there's a big famous case in point pleasant, west virginia, where this creature was sighted along with some other u.f.o.'s and we went to investigate and asked for a sign and the psychic said they'll give you a sign so i put a tape recorder next to my hotel room. when i woke up, tape recorder was moved. it said full. i think there may be a message on there. i haven't listened to it yet. i thought that was a pretty cool sign. >> why haven't you listened to it yet? >> it's christmas. it's the anticipation. i don't want to open it up and the surprise is gone. >> all right. if there's something juicy, call us back, ok? >> i will. i will. >> or i'm sure you'll have it on your show on a&e. thank you very much. >> my pleasure. thank you. >> all right. nice to see you again. all right, straight ahead, remember when president obama promised you if you liked your

health care coverage, it's not going to change. peter johnson jr. is here next and says the president has just broken that promise. uh-oh! meanwhile, back in 1986, huey lewis had the number one song in america "happy to be stuck with you." vegetables have important vitamins and minerals that can really help protect you. and v8 juice gives you three of your five daily servings. powerful, right? v8. what's your number?

>> the winner is ann benson from man cchestemanchester, con. president obama's administration gets to decide who gets a break and who doesn't when it comes to health care. administration officials have started issuing waivers now to some companies that are threatening to drop insurance.

so what does this mean for the future of health care? and just the average joe like you and me? let's ask fox legal analyst peter johnson jr. with the prescription for truth. >> nice to see you. >> it's kind of complicated. some of these big companies like mcdonald's reported last week they had something called mini med insurance programs. what are those? then what happened? >> mini med are low cost, low premium, low insurance programs mostly for part-time and lower wage employees in places like mcdonald's, sometimes staples and a lot of companies across america and under obama care, those programs are to be outlawed. so 30 companies reflecting about a million workers have gone to the federal government and said we need a break from the promise of obama care. i think the punishment of obama care, say, we don't want to lose coverage for millions of our employees. and so they've gone for an exemption but not only have they gone for an exemption, a lot of

the major unions including the teachers union, the communication workers, the big unions that boosted big obama care have gone and they've gotten exemptions. so a lot of americans are going to have to comply but these folks are not going to have to comply. >> that brings up two really important points. number one, the president was on record as saying that nobody's health care would change. let's listen to it. >> sure. >> so let me be clear. if you like your doctor or health care provider, you can keep them. if you like your health care plan, you can keep that, too. >> so you claim today that the president has broken that promise and then on top of that, what about the special treatment for some of these companies and the unions? what about you and me, we'll have to comply? >> the president has in fact broken his promise. it was a promise that never could be kept. insurance companies are dumping out of this market. more than a million people are losing coverage that they have

already because their insurance companies don't want to stay in this market. and what the federal government is counting on is that big companies like mcdonald's, walk away and decide over time that we would rather pay fines to the government than provide health care. they're counting on insurance companies walking away from the -- >> why would that benefit the federal government? >> this would benefit this notion of bureaucratic control of health care in america. and so then we go down the road to the public option, increased medicaid coverage for americans who don't have coverage from their employees, even though there's going to be a mandate. and incredible control of the health care system. moving away from private control, moving towards government control. >> so if i'm in charge of a big company like mcdonald's or these other 29 who apparently have requested these waivers, how many more are going to go to the

federal government now and say they got that. i want that, too. >> this is the first of exemption after exemption, exception after exception, because what's happening is they didn't figure it out properly. they didn't realize that millions of people would lose their coverage or maybe they did and it's part of a bigger plan but it's an election year and there can't be an issue for the president and for this democratic congress that people at mcdonald's and staples and jack-in-the-box and workers all around this country and part-time workers who are trying to make it are losing their low cost but low benefit plans. it's a political nightmare for them. and it's a political nightmare for years to come. >> it always comes back to politics, doesn't it? >> unfortunately. >> have a great weekend. >> you, too. >> coming up on the show, a terrorist threat or political ploy? new evidence surfacing, dire warning from the white house may have been issued for your safety and your vote? mexico now calling out the united states saying we're hypocrites for complaining about drug smugglers while california works to legalize pot.

so are they making a good ploy? we'll ask geraldo at the top of the hour. would get rewards, sometimes i wouldn't. this one card i had -- there were all these rules. rules and restrictions. oh, and limits. [ scoffs ] forget abo it. but i love this card. bankamericard cash rewar creditard. 1% cash back on everything i buy. period. limit to the amount of cash back i can get. no hoops to jump through. simple. [ male announcer ] the refreshingly simple bankericard cash rewards credit card. apply online or at a bank of america near you.

bankericard cash rewards credit card. desperate for nighttime heartburn relief? for many, nexium helps relieve heartburn symptoms caused by acid reflux disease. and for the majority of patients with prescription coverage for nexium, it can cost $30 or less per month. headache, diarrhea, and abdominal pain are possible side effects of nexium. other serious stomach conditions may still exist. ask your doctor if nexium can help relieve your heartburn symptoms. if you can't afford your medication, astrazeneca may be able to help. >> gretchen: friday, october 8, 2010. thank you for sharing part of your friday with us. several world officials now accusing president obama of playing politics with terror? they say he may have hyped the recent terror threat for votes? we report. you decide. >> steve: something completely

different. brett favre may be in big trouble and it's not because of his aging arm. the grandpa quarterback as he is described in the new york tabloids today reportedly caught 16. there are pictures. >> brian: mexico calling the united states hypocrites. we complain about drug smugglers while california tries to legalize pot. do they make a good point? we'll ask geraldo about that. "fox & friends" starts now. >> gretchen: i'm not going to ask you why you're qualified. >> steve: here on the curvy couch in two minute, he'll be there. >> brian: is he going to be here live?

>> gretchen: in the meantime, we have to stop having fun for a second. pakinstani diplomat and european intel, those officials are blasting the united states travel alert now for americans visiting europe, calling the warning a politically motivated attempt to justify an increase in u.s. drone attacks in pakistan. they're also suggesting that president obama intentionally exaggerated the issue before the midterm election. the alert was in response to reports of a possible al-qaeda attack at tourist hot spots in europe. if you ride the rails, you'll see lot more police officers on board today. it includes amtrak, the commuter railroads and on subways across the country. some will have automatic weapons and it's a nationwide training exercise called operation rail safe. officials say it's not linked to recent threats of a terrorist attack on americans traveling to europe. it was planned before that. new video into fox, chemical tanker collided with another ship off the coast of france. the boat carrying thousands of

tons of chemicals right now, no sign that the chemicals are leaking into the atlantic. the 13 crew member operation were rescued by a helicopter. an american blasted off to the international space station on a russian rocket. two russian astronauts also on board. the crew got a sendoff from a familiar face, that would be former russian spy anna chapman. is she free and clear. she hasn't made many public appearances since being deported last july. she shows up for that? geraldo, no comment on her. not your turn. first i got to get through this nobel peace prize award. chinese human rights activist, right now he's serving an 11 year prison sentence for

subversion. now he won the nobel peace prize. the move is angering the chinese government. china calling him a criminal: knows are your headlines. >> steve: at the awards -- that's the award president obama won last year. here he is, geraldo rivera. i'm sure you've been following the case of david hartley. he and his wife were in lake falcon last week in this 60-mile long lake that straddles texas and mexico. she says pirates from mexico shot her husband in the head. she tried to get his body back up on her jet ski, but the pirates were shooting at her. some called into question the story. there is no evidence. they haven't been able to find the body, although the sheriff has now cleared her reportedly because a witness came forward to corroborate her story about what happened. listen to this. >> i see this jet ski headed towards me, there was this boat

behind it. as soon as it starts heading towards me, i notice the boat turned around and start heading out west. her husband had gotten shot, was what she blurted out, screaming, crying, sobbing. >> brian: what do you think? >> i thought it sounded linky to me when i first heard it. let's be honest. having investigated many of these spousal homicides, the first thing you think of it, were there problems in the marriage? what about the life insurance policy? then i heard rick perry admittedly the texas governor's running for reelection, but he was very, very straightforward and said we have to believe this woman and we have to continue the investigation. putting aside the political aspects of it, the fact that he used it to decry the deterioration of security along the texas-mexico border, still for an elected official to be unequivocal in his demands for further investigations made me think again.

now i think the jury is out. the facts and circumstances of the alleged homicide still seem unusual to me. what was the motive of the mexicans in the speedboat? it wasn't robbery. it wasn't to drive away some rival drug dealer. what was it? and there is no evidence left over. it is a lake, maybe the jet ski sunk. >> gretchen: sometimes pirates don't need a motive. >> the whole notion of piracy. this falcon lake is a wider part of the rio grande river, a dammed up part of the river and admittedly, let's put this in the context of the fact that from juarez, opposite el paso, all the way to the gulf of mexico, that long, long stretch of the rio grande, that is ground zero and what is admittedly a violent, bloody drug war that threatens the very fabric of the mexican republic. that's the real are reality. so why they would waste their time going after an american who

may be have been less than conscientious when he drove his jet ski into the lake, i don't know why they would do that. the zetas, we've heard a lot about them, they're former mexican special forces soldiers gone renegade and drug dealers, very dangerous, they're at war with the gulf cartels. west versus east kind of struggle. it's real. the violence is real. whether or not i have craig down there right now, so i have someone on the scene that i really trust, will do the story over the weekend. i'm going to give you everything i have. but as of right now, i have to tell you that i am suspending disbelief. i am believing this woman unless and until i hear evidence contrary. >> gretchen: i spoke to her the other day. >> i saw it. >> gretchen: here is what she had to say followed up by governor perry. >> there is no way i would do anything like that. i can understand since they say

they can't find the body, but they're not looking. they're not looking for him. and that's what's frustrating because we can't go over there and look for him. we need them to do it. >> over the last 12 hours we've seen very good movement from the mexican government, both from the national side and from the state of tamaulipas. the governor has been in contact with our office. we've talked to him. he has a substantial number of individuals coming down to assist with the search for mr. hartley's body. it's my understanding that we don't have any u.s. or texas forces over the spot where the event occurred. >> to corroborate what the governor said, i am hearing reports that literally scores of mexican vessels and agents were searching wednesday and early thursday. so maybe governor perry's entry has had some effect because clearly the mexicans escalated

their efforts, but again, ladies and gentlemen, there has been no evidence yet to corroborate tiffany's story. >> brian: prop 19 will be on the ballot in california and essentially it says you can sell pot in stores and you'll be able to tax it and it will be above board. we'll see how long it stands. >> it's lead not guilty all the polls. >> brian: the president calderon said this is inconsistent. what kind of drug war is this? for me it reflect has terrible inconsistency in government policies in the united states. >> gretchen: we leave that to you. wait a minute. first of all, so you're in favor of legalizing pot in california. >> i am in favor of proposition 19. i think it's incomplete and should have had a provision for the taxation of the marijuana that was the ultimate justification, but i think absolutely, gretchen, i tested this now in the right side of the political spectrum and the left side of the political spectrum. there is not a liberal

conservative, right, left, red, blue, issue. this crosses all lines. maybe there is an age aspect to it. but this is the legalization of a situation that is already defacto. there are millions of people who smoke pot or have smoked pot in this country. the fact that the liquor industry is now paying for commercials to campaign against this is evidence of what's at stake here. this is one versus another. >> gretchen: a lot of people disagree with you. >> a lot of people disagree with me on everything. >> gretchen: that's true. but does calderon have a point? >> first of all, i love him. he's the bravest man, he declared war on these drug bandits. they're rooting out this corruption, this cancer in mexican society. i'm all for it. but i think he's backwards on this issue. let me tell you y. it's not a terrible inconsistency. the fact is, much of the violence from mexico and around

the mexican-u.s. border is from the marijuana trade. it's not just hard drugs. it's a huge amount, it's the biggest source of marijuana in this country and it's the united states had its own supply as it would in legalization, then you wouldn't have the same economic incentive to smuggle in and you would have less of the friction. i think he's absolutely backwards. i think it's a consistency. not inconsistency. >> brian: let's talk about brett favre. voice mail messages, he left a couple years ago when he was with the jets for a attractive, busty side line reporter. so this is very embarrassing. >> i like your modifiers there, your description, very accurate. you left out the fact she posed in playboy and maxim magazine. >> steve: we only got three hours. >> brian: what is it, besides what he's doing, what does this mean? >> you know, it was in 2008, so immediately, again, my antennas go up, why did you wait two years to make this complaint

about this sexting? i guess the most damaging allegation she makes now is that little bretty was part of the -- brett favre's private parts. it's a twin cities phenomenon. i did not name them. i borrowed it from a reporter in the twin cities. i don't know who it was. little bretty. >> gretchen: he wouldn't like that. >> here is my thing, we know brett favre had a rough personal road. he got married in the mid '90s. by '99 he was an admitted drunk. he had to go through his own rehab, which he did. he got his life together, became a champion. had a rough time in new york. as far as i know, there is no evidence that the two even met. there he is with his bride. as far as i know, there is no evidence that he even met this woman physically. and so that would mean she held this documentary evidence if indeed it's real, for two long

years. he goes on to minnesota. he's coming back to new york to play the monday night game against the jets, so you could not have a bigger stage for her allegations. i'm just telling you, folks, that again, why do you hold it for two years? now you only break the story with the details on the weekend before the biggest game, monday night game that everyone is looking forward to. the vikings in trouble, lost the first two games. right? you would know that, brian. >> brian: randy moss, a lot of attention. >> a lot of people paying attention. i tend to discount this allegation, although i may be wrong again. i'm going to go have breakfast now. i know when i order the right thing. >> gretchen: coming up for the gop, something short of a sweep would be a enclosessal disaster. is this a democratic strategy?

a fair and balanced debate. >> skinny women make a whole lot more money than other women. 15,000 more a year. how does that sound? that story coming your way.

>> steve: president obama's former campaign manager, challenging republicans saying anything short of a complete sweep of congress in the

midterms would be seen as, quote a colossal failure for the gop. what kind of political game is that? conservative columnist and fox news contributor andrea joins us, along with npr news analyst, juan williams. juan, what's dave doing? >> i think he's trying to raise the bar. he's trying to say that republicans, given the enthusiasm, given their advantage in energized base and issues, especially the jobs issue, have to sweep everything, unless they gain control of the house, gain control of the senate, win all the governorships, it's a loss for republicans. i don't know that this matters much, but what he's trying to do is say unless republicans get it all, it's a victory for democrats. >> steve: so in other words, if the republicans won 100 seats in the house, but didn't retake the senate, it's a colossal failure? >> that's it. >> steve: that's one way to put it. all right. andrea, you think david is doing

this why? >> it's the expectations game. look, democrats will come out and say republicans should figure out how to fly by election day. if they don't, it will be a huge colossal failure. what else is he supposed to say? i somewhat agree with david. there is this implicit acknowledgment on his part that things are so absolutely abysmal thanks to the obama administration that republicans should make huge gains. but i think politically, from a purely political standpoint, if republicans don't take the house or the senate, that is the worst thing that could happen for president obama because then he has no one to blame. the onus is all on him and the democrats leading up until election day. >> steve: juan, what do you make -- forget about what david is saying, because it sounds like he knows the republicans will win, because joe biden apparently did not get the memo. he guarantees that the democrats will hold the house and the senate. he says, quote, i guarantee we're going to have a majority in the house, a majority in the

senate. i absolutely believe that. what? >> i happen to agree with joe biden. i think that -- >> steve: you do? >> yeah. i think there is a good chance that -- >> steve: have you been watching the polls? >> yeah, i know the polls. but i think what you get in the polls right now are people who are still responding in large part to the tremendous energy that's been shown on the republican side in this election cycle. but i think the base, and you can see it in some of the poll numbers, the democratic base is starting to get energized and i think the republicans are going to take a number of seats in the house, but i don't know that they're going to get up to like 44, 45, which is what they would need to gain control. >> joe biden is like that uncle that just rambles on at the holidays holidays and you pat him on the shoulder and go, whatever, uncle joe, sure, okay. because republicans are going to make huge, huge gains. joe biden, he definitely did not get the memo. but i would point out the reason we saw these races tighten up, republicans knew the democrats were going on the air.

they were going to spend a lot of money at the very end of september. so republicans expected that. i expect republicans now to do a full assault on the air waves and fund raise now that they have caught up with the democrats and you'll see them pull way ahead in the next couple of weeks. >> steve: the democrats are probably going to get bad news in 11 minutes because the latest unemployment numbers are going to come out. yesterday gallup said actual unemployment is 10.1%. >> steve: remember uncle joe promised us, though. he told us it wouldn't go above 8. we're going to have to leave it there for today. meanwhile, take a look at this. stimulus checks for dead people. you bet. a lot of money the government can't seem to get back because it was sent to people who no longer are on this planet. then it's the movie behind the movement. "waiting for superman" bashes teachers unions. meet the man who made the film, coming up live next.

>> gretchen: welcome back. it's the film that's causing a fire storm in the debate to reform education by highlighting just how bad public schools have become. >> among 30 developed country, we rank 25 in math and 21st in science. the top 5% of our students are our very best, ranked 23rd out of 29 developed countries. almost every category we have fallen behind, except one. the same study looked at math skills and found in these eight countries, the usa ranked last. but when researchers asked the students how they felt they had

done, did i get good marks in math, kids from the usa ranked number one in confidence. >> gretchen: that's one of the ohm bright parts of this documentary. it opens nationwide today and i'm joined by the director, david guggenheim. one of the things you've been quoted as saying, that you start the movie with the idea of betraying the ideals i thought i lived by. what do you mean by that? >> i drive by three public schools to take my kids to a private school. i actually believe that a good public school is everyone's right and that you should be part of your neighborhood school. so the ideal for me and my family is to be part of our local neighborhood school. and by pulling my kids out, i'm part of the problem. >> gretchen: you loss say 75% of americans think that the schools are broken, but only 25% actually think that their kid goes to one of those broken schools. >> there is a sense that the schools aren't working over there, but my school is fine and sort of -- sort of turtle mentality. you stick your head in the sand. my family did it, too. you stick your head in the sand

and hope the problem will go away and the truth is that the problem now is affecting all of us. it's not just kids over there. it's white middle class schools, suburban schools. the big reveal is the suburban schools, they were built to educate the top 10 and 15%. so the other kids are not being prepared to go to college. >> gretchen: the amazing thing, and i've said every american should see this documentary. it's that important. but you take on one of the most powerful institutions in this country and that's the teachers unions. you basically point the finger at the unions as being a big part of the problem. >> i think unions are one piece. i'm tough on all the adults and i don't agree with the word, bashing unions. i'm a member of a great union. i actually believe in unions. the point is that the system kind of works for the adults. it works for me 'cause i can afford private school. it works for the political parties. the democrats take a lot of

money on the federal level. republicans take a lot of money on the state level to do very little. centralized bureaucracy, the unions are a piece. the point is i'm putting pressure on all the adults so we can face this thing and fix our schools. the important thing to note is when people say it's an important movie, the truth is it's a moving experience. when people go to the movie saying i want to be part of the conversation -- >> gretchen: it's very emotional because you follow these five children and i won't ruin it for people who haven't seen it, but it's very emotional at the end and you feel like you know those kids and feel bad for them. i found it interesting, you do "the inconvenient truth." i think i'm safe in saying you're a liberal. >> yes. >> gretchen: i found it interesting -- >> i'm on open minded liberal. >> gretchen: that an open minded liberal would attack the unions because that is such a bastion of support for liberal democrats. have you received hate mail? >> i think bashing word inflames

the thing. the idea of the movie is getting people to come together. i've had the head of aft, michelle reese, superintendent of dc schools come together. so people are seeing the movie and saying i want to be part of this. >> gretchen: i want you to listen to her because here is what she had to say about her thoughts on public education. >> there is no epidemic of bad teachers in the united states of america. but there is a complicated, tough strategy in terms of helping all kids achieve. there is a lot of great public schools that know how to do it. only half the school districts in america have teacher union contracts. most of these teacher union contracts are done between management and labor. take tenure, for example. tenure is really due process. i think all did she did did she. >> tenure is due process? >> gretchen: so she says there is not an epidemic of bad teachers in america. you disagree, wouldn't you? >> i would say that the focus is how many great teachers you can

get. i'm a union guy. i believe tenure is a good thing. if you have a principal who doesn't like your hair style or wants to hire his cousin, teachers who devote their lives, need some protection. the problem is the tenure in a lot of cases is automatic. you work for ten years, you get it. once you get it, we can't get rid of you. so the point of the movie is not bashing or attacking. the point is we have to face some of these tough problems. we got to face some of these taboos to fix our schools. >> gretchen: i hope american also see it and face that first and finally. david, you are the director of the documentary. thank you for being our guest. >> it's a pleasure to be here. >> gretchen: coming up, how many americans are looking for work? breaking news right when we come back. the new numbers just coming in. then should postal workers be trust to do ship our soldiers' ballots home after they lost a bunch of their own? caesar milan has a problem with the way president obama is raising his four legged friend.

he's here live to explain why.

>> steve: a fox news alert. the number you're been waiting for. the labor department releasing the monthly jobless claims. 9.6% from the previous month. they thought it might climb up to 9.7%. the country also lost -- this is the bad number -- 95,000 jobs in september. all right. meanwhile, i do believe we'll be talking with bret baier, the host of "special report" and he's filling in on the weekend show this weekend. good morning to you, brett. >> good morning. >> steve: okay. so the numbers stayed the same. but 95,000 jobs lost. that's not the number the white house wanted. >> no. it could have gone up. there were predictions that the rate could have increased and that would have been really detrimental 25 days out from

this election. this number is a bad number. the foreclosure number we had, that one in five people are facing foreclosure, then gallup had a number out that underemployment, these are people who stopped looking for jobs, about 18.8%. that's almost one in five who don't have a job. so those are numbers that translate to tough, tough times for democrats this election season. >> steve: no kidding. >> gretchen: let's talk a little about these stimulus checks that also went out because apparently 72,000 of them went to people who were no longer even with us, to dead people. 17,000 of them went to inmates. the silver lining is that half of the people sent them back. what about the other half? >> it's amazing. the stimulus still continues to generate these stories that this far out that are still causing problems. and that's a lot of money. $22 million, i think out the

door, 250-dollar checks. some of it is coming back, but it's still a big sore as far as the talking points. >> brian: two major things happened with this white house. they passed health care and major stimulus and it's like a lead weight because it has not stimulated and in many cases has not been spent or spent wrongly. i want you to hear who is in charge of this. it might come up sunday. >> i think today i'm asking my vice president, joe biden, to oversee our administration's implementation efforts and the fact that i'm asking my vice president to personally lead this effort shows how important it is for our country and our future to get this right. >> steve: why would he put joe biden in charge of it back in the day? was that in case it doesn't work out, you can blame joe and not me or what? >> back then he called joe biden the sheriff. remember that. >> steve: yeah. >> who knows? it could have been that he

needed a scapegoat. but right now joe biden is still the vice president going around the country touting the stimulus, but democrats are not on the stump. that's what we're going to talk about this weekend. this sunday we have eric cantor on from virginia. congresswoman debbie wasserman-schultz, from florida, and joe trippy and karl rove looking at all of the races around the country that really will be competitive 25 days out. >> steve: will the 72,000 people who got this stimulus check, will they be votin in chicago this november? >> they may. some of them may. >> gretchen: let's talk about -- go ahead. >> i was going to say, i'm sitting in for chris, so don't i have to pick a fight with brian? >> gretchen: i wasn't going to go there. let's see if you can do one on this issue. >> one more story and then you can start. >> brian: let's widen out again. >> gretchen: how about this story, apparently the postal

union sent out ballots to the people to vote. they sent them out between september 13 and 15 and then they were supposed to be back by october 5. the problem is, a lot of people never got those ballots. this is the same agency in charge of delivering military ballots. so can we count on every vote to be counted? >> yeah. that's a great question. the military ballot question is still unresolved whether all of the folks oversea also be able to get their ballots counted in time. then you have questions about whether they get lost in the mail. that happens every election. but it's really important in some of these really tight races, they could make the difference. the postal service is $7 billion in the hole. they need their own bailout and it's kind of a mess. >> brian: okay. you ready? i'm going to throw this at you and you might want to say this is an acceptable journalistic question. here we go. david pouffe is on the record saying it's a colossal fail your in the republicans don't take the house and senate. what's behind that? do you see an undercoating,

underpinning, a method, a philosophy that he's trying to get through? is he trying to stick it in the ribs of republicans? why are you avoiding the answer? >> see, i can't even fight with you on this one. they're setting expectations so low that if democrats can pull off anything, that essentially there would be a win. when you call it a colossal failure, if republicans don't win the house, the senate and major governors races across the country, that tells you where the sense is for democratic leaders here, the wave -- they're trying to guess how big the wave is going to be. right now it doesn't look good. this is not a fighting topic. there has to be something better. is this really what you do with chris? >> gretchen: you're going to do a fantastic job fill not guilty this weekend. but you did not get a good grade being mean to brian. >> brian: too much chemistry and mutual respect. >> steve: i don't know that bret baier has a mean gene in him. >> brian: i've seen him slug

hayes after a segment. >> gretchen: good luck on the show. we'll be watching. >> brian: thanks. >> gretchen: the long wait at the collapsed chilean mine may be near. the final few yards of rescue shaft are being drilled out right now. the work could be completed today and the 33 trapped miners could be coming up as early as sunday. first paramedics and rescue expert also go down the 2,000 feet to where they've been trapped to check on their conditions. they've been trapped since august 5. >> steve: meanwhile, new jersey governor chris christie is being attacked this morning by the education commissioner who he fired over a mistake that the education commissioner made that cost the state $400 million in federal school aid. a state senate committee was told the governor put his fight with the teachers union before the interests of people in new jersey. >> his rationale may have been, i don't want anybody to think i'm caving in to the union.

>> steve: governor christy saying it was only the sloppy paperwork that cost new jersey all that dough. >> he prepared the application. he made the mistake in his own handwriting and we didn't win because of that mistake. >> steve: governor christy says he will not waste any more time responding to that. >> brian: mr. bush officially kicked off his book tour by poking fun at his critics. university of mobile last night, the president said, quote, i have written a book. this will come as a shock to some of the elite. they didn't think i could read a book, much less write a book. as for life outside the white house, the president says, i do not miss the limelight. i have zero desire to be in the press and i have zero desire to be on your tv screens eight years of that is enough. the president's memoir division points is getting a huge first printing. 1 1/2 million copies. it goes on sale november 9 and we'll have him here on "fox & friends." >> steve: indeed.

meanwhile, let's look at the day weather wise. friday and it is beautiful across much of the country. we got a little rain out west. but inner mountain region along the cascades, but otherwise it is nice and dry. as you step out the door at 20 minutes before the hour, it's 60 right now in memphis. a lot of 50s across portions of texas, back through louisiana, alabama, mississippi, and georgia, starts to warm up. then mid atlantic, raleigh, 49. they've got about the same temperature that they do if you're working up out in ohio. later today in cleveland, 72, room temperature. about the same for new york city, raleigh, eventually 77. then beautiful warm temperatures. mid- to upper 80s from the northern plains through the southern plains and through much of the central and lower mississippi valley. beautiful day on this friday. >> brian: good job. >> gretchen: coming up, he stopped a dangerous armed robber

with a a little help from his friend. they're here live. from brian's hometown. >> steve: plus, caesar milan, the doug whisperer joins us to explain his beef with president obama and how he is raising his four-legged friend. oh, sure. something to laugh about. dog whisperer in full voice. >> gretchen: i'll take the puppy. >> coming up this weekend, new urgent warnings about the threat from drug cartels south of the border. we'll hear from someone who says president obama needs to wake up and act fast. >> plus, let's face it, we could all use a little more sleep. but can extra z's also help you lose weight? we'll tell you how you can sleep away the pounds. i can't wait to find out. >> she's a successful reporter and he's a successful businessman. together they're dealing with the struggle to have a baby.

reality couple julianna and bill rancic.

>> gretchen: fox news alert. the monthly unemployment numbers just out moments ago. the unemployment rate remained the same at 9.6%. how could this affect the midterm election? joining me live from the white house now, molly henneberg. how could it affect the midterm elections? >> hi. economists predicted the unemployment rate might tick up 9.7% from 9.6%. but it stayed the same, 9.6%. this is for september. it's the last monthly unemployment number we'll get for the midterm elections. so democrats are going into this midterm election with unemployment hovering around 10%. voters very concerned about the economy. interesting figures about the numbers that came out, economists predicted there would be a net zero job losses for september. they figure with the census workers being laid off that the private sector would make enough jobs so they would about equal

out. but what happened is that there were 95,000 jobs lost in september. that's more than they had expected. and the private sector hiring did not increase as much as economists had predicted. already there is a reaction from the senate minority leader, mitch mcconnell. he has said that, quote, while massive washington spending is growing the size of government, it's clearly not growing sustainable private sector jobs. no reaction yet from the white house. they're digesting the numbers ns and i'm sure we'll have reaction later today. >> gretchen: molly henneberg live for us, thanks very much for that breaking news update. let's head outside to brian and see what he's up to. >> brian: i got a couple of great kids. they're being called heros and why not? they helped the cops catch a thief and they reacted in the nick of time. they were riding their bike nears a gas station that had been robbed. when they saw the bad guy, the perpetrators trying to get away, they chased them to get the license plate number. biking around this area is eight-year-old brian and his ten-year-old brother, vincent.

you all right? vincent just fell actually. this is brian, eight years old. come on back. you all right? >> yeah. so guys. vincent, tell me what happened. there you are. you hear what? the gas station has just been robbed and what did you hear? >> i hear sonny came out, he's the owner. he comes running out saying, get the license plate, get the license plate. we got the license plate. gave it to the cops and the cops they got him. >> brian: so you hear this going on, so you hear get the license plate. where was the car and where did you -- did you see right away where the plate was? >> yeah, the car was right in front of us and then we saw it. it was like a robber. then all hear the guy from the gas station, he said, get the license plate, get the license plate. and we got the license plate. >> brian: was there any hesitation, vincent, as you got

on your bike and went after the car? >> no. >> brian: were you scared a little bit? >> i was scared when we see the guy running and get into the car and speeding. >> brian: you knew there was something wrong. you didn't know exactly wrong? >> i knew for 20 seconds because the cop just came right around the corner. it was like oh, there has been a robbery. >> brian: so you get the license plate, hand it to the cops and you know what the cops said? they said a lot of people wouldn't have done what you did. how does that make you feel? >> happy. >> brian: happy and you're like ha hero. you know that? >> yes. >> brian: and so are you. in turn, you would think heros get gifts, get rewards. that's not what you did. but did you get any? >> yeah, candy. >> brian: candy. brian, what are you thinking about. you got candy, that makes it worth it? >> i don't know. >> brian: i don't know. you were saying a lot of people would get money, but i think candy at this point is even better. right? >> yeah.

>> brian: when you grow up, i saw that you might want to be a cop? >> yeah. i think so. >> brian: that is fantastic. vincent and brian, acting like heros before you're even teen-agers. congratulations. you going to go out and fight crime today? >> maybe. >> brian: all right, good. you got a partner, you guys are a great team. thank you very much. round of applause for these two crime fighters. they're half mile away from where i live. good job. you got to bike home straight through the tunnel. next, caesar milan is here, he's got a brand-new book out and he's got a problem with the president and how he's raising his four-month old bo. let's check in with martha mccallum. >> i'm trying to find out. how are you doing? with these cute little boys, good job on their part. we're working on a doving story in america's newsroom. on the california's governor's

race, we'll play a tape for you that has someone on the jerry brown team calling meg whitman a name is that is usually reserved for prostitutes. it happened in a conversation about the union. how much impact is this going to have on the california race? bill and i join you at the top of the hour in america's newsroom with all the latest election news.

>> steve: caesar's dog just bit me. it's a bite of love. your news by the numbers. zero dollars. that's how much a robber wearing a scream mask made off from a new york dunkin' donuts. instead of handing over the cash, the teller sprayed him with water. next, 52,000 bucks, how much a diamond was worth that was stolen. the suspect was caught on surveillance camera.

finally, 15,500 bucks, that's how much more skinny women make per year than average size women, according to a new study. but thinner men make less money than average sized men. so go figure. >> gretchen: go eat up, guys. dog lovers, all hail caesar, dog whisperer caesar milan is out with a new book and he joins us now with rockefeller. good morning to you. >> good morning. thanks for having me again. >> gretchen: so you have new rules now in this book about how you choose a dog trainer. you start off with ask yourself what you want your dog to learn. what do you mean? >> a lot of people want the dog to come. most of the people, that's what they ask me. but it all goes back to principles. if you're not fulfilling the dog's needs, the dog is not going to want to come to you, even if you have a piece of steak, 'cause most of the time, a squirrel is more fascinating to them than the piece of steak. >> steve: sure. he says piece of steak as the dog chews on that.

>> i'm redirecting. a lot of people would have moved away. >> brian: think about your own philosophy and ethics, what do you mean? >> honesty, integrity, loyalty. >> brian: you want that in your dog and you have project it? >> you have to be honest with yourself. you have to have the integrity. dogs don't follow unstable pack leaders. only humans do. so if you are nervous, if you're anxious or tense, frustrated, even if you do dog training, it's not going to work. if you say sit, and you say sit, that's frustration would not allow a dog to listen to you. >> steve: and the dog gets it. caesar, you've got a bone to pick with the president of the united states. >> i've been in america 20 years. it's not just the president, this president, but all the way from reagan, i seen presidents walking dogs in front. so presidents are influential to the american people. so when you see presidents walking a dog in front, they're top dog. but in the dog world, not. because when a president is walking behind a dog, he is following the dog. >> brian: what did you notice about president obama?

>> i noticed about all the presidents is they're always following a dog. >> gretchen: they let the dog run out to the chopper first. >> everything. the white house, the chopper, air force one. when they're walk ago leash, the dog is in front. that's what i bring to the air wearness of the american people. they're leading america. >> steve: heel. so you're saying the president may lead the united states of america, but he's letting a dog lead him? >> it's simple. >> gretchen: we're going to continue the conversation. we have more tips with caesar milan right when we come back.

>> gretchen: he's in seven of the -- season 7 of the dog whisperer premieres tonight. caesar's new book is available now wherever books are sold. >> brian: howie mandel to train. >> steve: and his dog. >> brian: lola. >> squeal or no squeal? >> without a doubt, howie, the most difficult human being. >> gretchen: hope he's not watching right now.